Negotiable Instruments – Dishonour of Cheque – Conviction Compounded – Petitioner convicted under Section 138 of the Negotiable Instruments Act for dishonour of a cheque amounting to ₹2,48,000/- – Trial Court sentenced him to six months simple imprisonment and compensation of ₹2,48,000/-, affirmed by the Sessions Judge on appeal – High Court allowed compounding of...
Quashing of FIR – Second FIR on Same Cause of Action – Abuse of Process of Law – The petitioner sought quashing of a second FIR, which was based on the same set of allegations as the first FIR – Held: The second FIR was illegal and unsustainable as it amounted to double jeopardy – Reliance placed on T.T. Antony v. State of Kerala, (2001) 6 SCC 181 – Second FIR q...
Criminal Law - Quashing of FIR – Prima Facie Case – The petitioner sought to quash the FIR alleging offences under Sections 316(2), 318(4), and 61(2) of the BNS Act, 2023, on the ground that no investor had complained, and the allegations were based on assumptions – Held: The FIR discloses cognizable offences, and the allegations of fraudulent inducement and unsustainable busines...
Juvenile Justice – Plea of Juvenility – Retrospective Application – Procedural Mandate – Benefit under Juvenile Justice Act, 2015 – Appellant raised a plea of juvenility at every stage of proceedings, claiming to be 14 years old at the time of the offence – Trial Court, High Court, and Supreme Court dismissed the plea relying on irrelevant factors such as a bank...
Domestic Violence Proceedings – Quasi-Criminal Nature – Issuance of Bailable Warrants Unjustified – Petitioner challenged issuance of bailable warrants in proceedings under the D.V. Act – Held: Proceedings under the D.V. Act are quasi-criminal without penal consequences except in cases of protection order violation – Magistrate erred in issuing bailable warrants in th...
Section 138 NI Act – Impact of Moratorium under Section 14 IBC – Proceedings Quashed - The Court held that once a corporate debtor enters Corporate Insolvency Resolution Process (CIRP) and a moratorium under Section 14 of the IBC is imposed, the control and management of the debtor’s accounts vests in the Interim Resolution Professional (IRP). Consequently, individuals, including...
Criminal Law – Dowry - Quashment of Proceedings – Prima Facie Case Established – Petition Dismissed - The petitions seeking quashment of criminal proceedings under Section 482 CrPC were dismissed as prima facie evidence supported the allegations of cruelty under Section 498A IPC and misappropriation under Section 420 IPC. The court held that these were matters to be examined duri...
Criminal Law - Third-Party Objections in Criminal Proceedings – Locus Standi Clarified - The Court ruled that a third-party objector must demonstrate a bona fide connection to the cause of action to intervene in a criminal case. Mere past grievances with the accused do not confer the right to file objections under Section 301(2) CrPC or Section 339 BNSS. [Paras 8-10].
Definition of Vict...
Criminal Law – Compounding of Non-Compoundable Offenses – Exceptional Circumstances Warrant Relief – Applicant sought relief for compounding of offense under Section 326 IPC based on a voluntary settlement reached post-conviction – Supreme Court exercised inherent powers to recognize the compromise despite Section 326 being non-compoundable under CrPC – Held: Amicable...
NDPS Act – Interim Release of Seized Vehicle – Principles and Applicability – Appeal against Gauhati High Court judgment dismissing writ petition challenging the denial of interim release of a seized vehicle used in alleged drug transportation – Appellant sought interim custody under Sections 451 and 457 Cr.P.C. – Respondent contended NDPS Act precludes such interim r...